WHAT IF- JUDGE SOTOMAYOR AND UN-EQUAL PROTECTION July 1 2009
Athan from P.A. Judicial Watch posed an interesting question to me: How would the Philadelphia firefighters who were victims of reverse discrimination have fared under Judge Sonia Sotomayor? Since the City settled the lawsuit we may never know how she would have ruled but we can always engage in some reasoned speculation. First what do we know about Judge Sotomayor’s racial and judicial views? Well we know she said this:
In 2001, Sonia Sotomayor, an appeals court judge, gave a speech declaring that the ethnicity and sex of a judge “may and will make a difference in our judging.”
And she also said this:
“I would hope that a wise Latina woman with the richness of her experiences would more often than not reach a better conclusion than a white male who hasn’t lived that life,”
And still another gem:
This month, for example, a video surfaced of Judge Sotomayor asserting in 2005 that a “court of appeals is where policy is made.” She then immediately adds: “And I know — I know this is on tape, and I should never say that because we don’t make law. I know. O.K. I know. I’m not promoting it. I’m not advocating it. I’m — you know.”
She affirms her beliefs, that, in her own words, not taken out of context, are everything white men have been vilified for, for more than a generation. Yet even these most racist statements lack a fundamental element- truth. Judge Sotomayor’s belief that her so called upbringing in the school of hard knocks (a school she barely attended) is somehow more relevant than the average white man’s and that makes her somehow more perceptive or well reasoned. Imagine, stereotyping a whole class of people. Yes Your Honor, all white guys are born and raised in the lap of luxury and lead lives of privilege. Her belief that as a judge she can make law, or at least social policy is the worst kept secret in Washington. How is she a candidate for ANYTHING? Oh I forgot her race and gender. Duh.
I can assure Judge Sotomayor that an intelligent white man is far MORE capable of rendering a correct legal opinion than she is as we have witnessed this week. That white, male firefighters are so clearly superior to their peers that no one else can compete and so need the Federal Government to prop them up is at the heart of the Ricci case and she booted it. Her ruling effectively punishes their hard work and champions underachievement.
This ruling was thoroughly discredited by other white men whom she so clearly despises. In fact she was rebuked by Judge Jose Cabranes (A Hispanic male no less) immediately after her now famous Ricci decision. He understood the Constitutional issues at the heart of this case and was stunned that she ducked them. LINK
Her ruling:
We affirm, for the reasons stated in the thorough, thoughtful, and well-reasoned opinion of the court below. Ricci v. DeStefano, 554 F.Supp.2d 142, 2006 U.S. Dist. LEXIS 73277, 2006 WL 2828419 (D.Conn. Sept. 28, 2006). In this case, the Civil Service Board found itself in the unfortunate position of having no good alternatives. We are not unsympathetic to the plaintiffs’ expression of frustration. Mr. Ricci, for example, who is dyslexic, made intensive efforts that appear to have resulted in his scoring highly on one of the exams, only to have it invalidated. But it simply does not follow that he has a viable Title VII claim. To the contrary, because the Board, in refusing to validate the exams, was simply trying to fulfill its obligations under Title VII when confronted with test results that had a disproportionate racial impact, its actions were protected.
The judgment of the district court is AFFIRMED.
Judge Sotomayor is ignorant as surely as any other American bigot is. Just because she is Hispanic, or female, or grew up in a possibly broken home or is a judge gives her no cover. No excuses. When it comes to the Philadelphia firefighters who the City admitted discriminating against, Judge Sotomayor more than likely would have told them exactly what she told the New Haven firefighters:
In essence-It does not matter that you have a learning disability. It does not matter that everyone involved in the promotional process had equal opportunity to study and prepare for the test. It does not matter that the test was fair and unbiased. It does not matter that some minorities were able to score highly on the test. It does not matter that you put in a superhuman effort studying for the exam. It does not matter that you deserve to be promoted. It does not matter that your rights have been violated. It does not matter that those to be promoted ahead of you are less qualified.
What does matter is that you are the wrong color. What does matter is too many white males scored too highly. What does matter is the city did not get the correct outcome. What does matter is there are not enough people on the list who are the correct color and I have the power to remedy that.
I can’t say for sure this is how she would have ruled but I can’t say for sure she wouldn’t have. I don’t know which is worse.
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Comments, compliments or complaints?
Harl Delos Jul 1
The seventh amendment of the constitution says that no court may second-guess a jury’s determination of fact, except that the constitution explicitly gives that power to the Supreme Court.
Sotomayor was looking for errors in law, and in fact, she couldn’t find any. The city was following the guidelines of the EEOC. The Supreme Court, not constitutionally bound, did not find any errors in law, but rather redetermined the facts of the case. You will note in their opinions, there is no criticism whatsoever of Sotomayor in any of the four opinions that were written.
I don’t pretend to know all the facts in the Philadelphia fire fighter case, and you don’t provide any. Could you furnish the caption of the case, so I might take a look at the court opinions?
It seems to me that using a written test is a pretty silly technique for determining the qualifications of either a firefighter, or for a manager. Mercenaries elect the officers who will lead them into battle. Firefighters are certainly in a better position to judge who they want risking their lives and they’re the ones that pay the price for a bad selection.